Judgment:
Govind Mathur, J.
1. The petitioner, by this petition for writ, claiming family pension being widow of late Shri Bhanwar Singh, who was compulsorily retired from service on 23.03.1983 as a consequent to disciplinary action and also died on 17.08.2006. The respondents denied family pension to the petitioner on the count that regular pension was not accorded to Shri Bhanwar Singh and he was getting only compassionate pension as per the provisions of Rule 172 of the Rajasthan Civil Service Rules, 1951 (hereinafter referred to as 'the Rules of 1951').
2. While assailing validity of the decision of the respondents, the contention of Counsel for the petitioner is that imposition of penalty of compulsory retirement does not preclude the persons so retired from getting pension, if no order as per the provisions of Rule 172-A of the Rules of 1951 is issued.
3. Per contra, the stand of the respondents is that the petitioner was retired compulsorily by way of imposition of penalty and, therefore, he was given compassionate allowance as per Rule 172 of the Rules of 1951 and not the regular pension as prescribed. The petitioner as per the respondents is not entitled for family pension as her husband was not getting regular pension.
4. Heard Counsel for the parties.
5. As per Rule 171 of the Rules of 1951, the claim of pension is inadmissible in certain circumstances. The eventualities prescribed under Rule 171 of the Rules of 1951, nowhere referes that a person compulsorily retired as a penalty shall not be entitled for pensionary benefits. So far as Rule 172 is concerned, that is having application only in the event of imposition of penalty of dismissal or removal and not in the case of compulsory retirement. Rule 172A of the Rules of 1951 reads as follows:
172.A. Compulsory retirement as a penalty-
(1) A Government servant compulsorily retired from service as a penalty may be granted by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two-thirds and not more than full invalid pension or gratuity or both admissible to him on the date of his compulsory retirement.
(2) Whenever in the case of a Government servant the Government passes an order (whether original, appellate or in exercise of power of review) awarding pension less than the full invalid pension admissible under these rules, the Rajasthan Public Service Commission shall be consulted before such order is passed.
6. In the instant case, Shri Bhanwar Singh-the husband of the petitioner was compulsorily retired from service, thus, the competent authority could have decided the issue with regard to grant of pension as per the provisions of Rule 172-A of the Rules of 1951, however, there is no order available whereby any decision was taken to reduce or stop the pension relating to Shri Bhanwar Singh. Shri Bhanwar Singh, as such was entitled for regular pension and not the compassionate allowance as given to him under Rule 172 of the Rules of 1951. Once Shri Bhanwar Singh is held entitled for regular pension, the petitioner suo motu becomes entitled for family pension.
7. In view of the discussions made above, the petition for writ succeeds and therefore, is allowed. The respondents are directed to determine regular pension of Shri Bhanwar Singh and pay to his legal representatives through the person nominated. The respondents are further directed to determine and pay family pension to the petitioner being widow of Late Shri Bhanwar Singh. The respondents shall pass necessary orders as per the directions above expeditiously, as far as possible within a period of three months from today.
No order to cost.